NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tannous v Port Stephens Council [2007] NSWLEC 7
APPLICANT Charly Tannous PARTIES : RESPONDENT Port Stephens Council
FILE NUMBER(S) : 11595 of 2005
CORAM: Bly C
KEY ISSUES: Development Consent :- Modification application, unlawful works, roof top terraces, building height, floor space ratio, planning controls, amenity impacts
Environmental Planning and Assessment Act 1979 s 96 LEGISLATION CITED: Port Stephens Local Environmental Plan 2000 Port Stephens Council Development Control Plan PS1 Draft Port Stephens Development Control Plan 2006
CASES CITED: Super Studio v Waverley [2004] NSWLEC 91 ; Lido Real Estate v Woollahra [1997] 98 LGERA 1
DATES OF HEARING: 03-04/08/2006, 04/09/2006 and 03/11/2006
DATE OF JUDGMENT: 10 January 2007
APPLICANT Mr I Hemmings, barrister Instructed by: Ms V Wilson, solicitor Of: Sage Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr M Maston, barrister, Instructed by Mr P Jayne Of: Sparke Helmore,
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
10 January 2007
11595 of 2005 Charly Tannous v Port Stephens Council
JUDGMENT
Introduction 1 On 5 March 2003 the Port Stephens Council granted development consent No. 16-2002-1760-1 for the demolition of an existing dwelling and the erection of an attached dual occupancy development in the manner of infill development on the site the subject of this appeal at 80 Government Road, Nelson Bay.
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